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Amy Coney Barrett (born January 28, 1972)^[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.^[3] Barrett’s scholarship focuses on originalism.

Amy Coney Barrett
Barrett in 2018
Judge of the United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office  November 2, 2017
Appointed by	Donald Trump
Preceded by	John Daniel Tinder
Personal details
Born	January 28, 1972(age 48) New Orleans, Louisiana, U.S.
Spouse(s)	Jesse Barrett
Education	Rhodes College (BA) University of Notre Dame(JD)
Academic background
Academic work
Discipline	Jurisprudence
Institutions	Notre Dame Law School
Website	Notre Dame Law Biography

Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017 and confirmed by the Senate on October 31, 2017. While serving on the federal bench, she was a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.^[4][2][5][6] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to President Trump’s list of potential Supreme Court nominees.^[7]Trump reportedly intends to nominate her to succeed Ruth Bader Ginsburg on the United States Supreme Court.^[8]

Early life and education

Barrett was born in New Orleans, Louisiana, in 1972.^[2] She is the eldest of seven children, with five sisters and a brother. Her father Michael Coney worked as an attorney for Shell Oil Company, and her mother Linda was a homemaker. Barrett grew up in Metairie, a suburb of New Orleans, and graduated from St. Mary’s Dominican High School in 1990.^[9]

Barrett studied English literature at Rhodes College, graduating in 1994 with a Bachelor of Arts magna cum laude and Phi Beta Kappa membership.^[10] She then studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review^[11] and graduated first in her class in 1997 with a Juris Doctor summa cum laude.^[12]

Career

Clerkships and private practice

After law school Barrett spent two years as a judicial law clerk, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998,^[13] then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.^[13]

From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.^[11][14]

Teaching and scholarship

Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School in 2002.^[15]At Notre Dame she taught federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.^[16] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.^[12] Her academic work has been published in journals such as the Columbia, Cornell, Virginia, Notre Dame, and TexasLaw Reviews.^[15] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014), Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013), The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006), and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).

At Notre Dame, Barrett received the “Distinguished Professor of the Year” award three times.^[15] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.^[15] Barrett has continued to teach seminars as a sitting judge.^[17]

Federal judicial service

Nomination and confirmation

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.^[18][19]Judge Laurence Silberman, for whom Barrett first clerked after law school, swearing her in at her investiture as a judge on the Seventh Circuit.

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.^[20] During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. The article concluded that the trial judge should recuse herself instead of entering the order. Asked to “elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today,” Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, “My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge”^[21][22] and “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”^[23] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”^[24][25][26] The hearing made Barrett popular with religious conservatives,^[11] and in response, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo and Feinstein’s “dogma” remark.^[27]Feinstein’s and other senators’ questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as improper inquiry into a nominee’s religious belief that employed an unconstitutional “religious test” for office;^[23][28][29]others, such as Nan Aron, defended Feinstein’s line of questioning.^[29]

Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett’s nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters.^[30][31] During her Senate confirmation hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. Hodges, United States v. Windsor, and Lawrence v. Texas. Barrett said these cases are “binding precedents” that she intended to “faithfully follow if confirmed” to the appeals court, as required by law.^[30] The letter co-signed by Lambda Legal said “Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, ‘put Catholic judges in a bind.'”^[30] Carrie Severino of the Judicial Crisis Network later said that warnings from LGBT advocacy groups about shortlisted nominees to replace Justice Anthony Kennedy, including Barrett, were “very much overblown” and called them “mostly scare tactics.”^[30]

In 2015, Barrett signed a letter in support of the Ordinary Synod of Bishops on the Family that endorsed the Catholic Church’s teachings on human sexuality and its definition of marriage as between one man and one woman. When asked about the letter, she testified that the Church’s definition of marriage is legally irrelevant.^[32][33]

Barrett’s nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting Barrett’s nomination.^[34][35]

On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.^[36][37] On October 30, the Senate invoked cloture by a vote of 54–42.^[38] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe Donnelly, Tim Kaine, and Joe Manchin—voting for her.^[10] She received her commission two days later.^[2] Barrett is the first and to date only woman to occupy an Indiana seat on the Seventh Circuit.^[39]

Notable cases

Title IX

In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy.^[40] Doe alleged the school’s Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights “by imposing a punishment infected by sex bias,” and remanded to the District Court for further proceedings.^[41][42][43]

Title VII

In EEOC v. AutoZone, the Seventh Circuit considered the federal government’s appeal from a ruling in a suit brought by the Equal Employment Opportunity Commission against AutoZone; the EEOC argued that the retailer’s assignment of employees to different stores based on race (e.g., “sending African American employees to stores in heavily African American neighborhoods”) violated Title VII of the Civil Rights Act. The panel, which did not include Barrett, ruled in favor of AutoZone. An unsuccessful petition for rehearing en banc was filed. Three judges—Chief Judge Diane Wood and Judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the panel decision as upholding a “separate-but-equal arrangement”; Barrett and four other judges voted to deny rehearing.^[11]

Immigration

In Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020), Barrett wrote a 40-page dissent from the majority’s decision to uphold a preliminary injunction on the Trump administration’s controversial “public charge rule“, which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.^[44][45][46] The public charge issue is the subject of a circuit split.^[44][46][47]

In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer’s decision to twice deny Ahmad’s visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife’s visa application violated his constitutional right to live in the United States with his spouse.^[48] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. She declined to address whether Yafai had been denied a constitutional right (or whether a constitutional right to live in the United States with his spouse existed) because even if a constitutional right was implicated, the court lacked authority to disturb the consular officer’s decision to deny Ahmad’s visa application because that decision was facially legitimate and bona fide. Following the panel’s decision, Yafai filed a petition for rehearing en banc; the petition was denied, with eight judges voting against rehearing and three in favor, Wood, Rovner and Hamilton. Barrett and Judge Joel Flaumconcurred in the denial of rehearing.^[48][49]

Second Amendment

In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented when the court upheld a law prohibiting convicted nonviolent felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as “substantially related to an important government interest in preventing gun violence.” In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.^[50][51]

Fourth Amendment

In Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019), the panel, in an opinion by Barrett, affirmed the district court’s ruling denying the defendant’s motion for summary judgment and qualified immunity in a 42 U.S.C. § 1983 case. The defendant, Benner, was a police detective who knowingly provided false and misleading information in a probable cause affidavit that was used to obtain an arrest warrant against Rainsberger. (The charges were later dropped and Rainsberger was released.) The court found the defendant’s lies and omissions violated “clearly established law” and thus Benner was not shielded by qualified immunity.^[52]

The case United States v. Watson, 900 F.3d 892 (7th Cir. 2018) involved police responding to an anonymous tip that people were “playing with guns” in a parking lot. The police arrived and searched the defendant’s vehicle, taking possession of two firearms; the defendant was later charged with being a felon in possession of a firearm. The district court denied the defendant’s motion to suppress. On appeal, the Seventh Circuit, in a decision by Barrett, vacated and remanded, determining that the police lacked probable cause to search the vehicle based solely upon the tip, when no crime was alleged. Barrett distinguished Navarette v. California and wrote, “the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson’s case presents a close call. But this one falls on the wrong side of the Fourth Amendment.”^[53]

In a 2013 Texas Law Review article, Barrett included as one of only seven Supreme Court “superprecedents“, Mapp vs Ohio (1961); the seminal case where the court found through the doctrine of selective incorporation that the 4th Amendment’s protections against unreasonable searches and seizures was binding on state and local authorities in the same way it historically applied to the federal government.

Civil procedure and standing

In Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019), the plaintiff brought a class-action lawsuit against Madison Avenue, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA) when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify that she was required to respond in writing to trigger the FDCPA protections. Casillas did not allege that she had tried to verify her debt and trigger the statutory protections under the FDCPA, or that the amount owed was in any doubt. In a decision written by Barrett, the panel, citing the Supreme Court’s decision in Spokeo, Inc. v. Robins, found that the plaintiff’s allegation of receiving incorrect or incomplete information was a “bare procedural violation” that was insufficiently concrete to satisfy the Article III‘s injury-in-fact requirement. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.^[54][55][56]

Judicial philosophy and political views

Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.^[10] Reuters described Barrett as a “a favorite among religious conservatives,” and said that she has supported expansive gun rights and voted in favor of one of the Trump administration’s anti-immigration policies.^[57]

Barrett was one of Justice Antonin Scalia‘s law clerks. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.^[58]

In 2013, Barrett wrote a Texas Law Review article on the doctrine of stare decisis wherein she listed seven cases that should be considered “superprecedents”—cases that the court would never consider overturning. The list included Brown v. Board of Education but specifically excluded Roe v. Wade. In explaining why it was not included, Barrett referenced scholarship agreeing that in order to qualify as “superprecedent” a decision must enjoy widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge. She argued the people must trust the validity of a ruling to such an extent the matter has been taken “off of the court’s agenda,” with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey as specific evidence Roe had not yet attained this status.^[59] The article did not include any pro-Second Amendment or pro-LGBT cases as “Super-Precedent”.^[30][31] When asked during her confirmation hearings why she did not include any pro-LGBT cases as “superprecedent”, Barrett explained that the list contained in the article was collected from other scholars and not a product of her own independent analysis on the subject.^[32][33]

Barrett has never ruled directly on a case pertaining to abortion rights, but she did vote to rehear a successful challenge to Indiana’s parental notification law in 2019. In 2018, Barrett voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law and in July 2020 it ordered a rehearing in the parental notification case.^[57] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine‘s paraphrase—as “creating through judicial fiat a framework of abortion on demand.”^[60][61] She also remarked that it was “very unlikely” the court would overturn the core of Roe v. Wade: “The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”^[62][63] NPR said that those statements were made before the election of Donald Trump and the changing composition of the Supreme Court to the right subsequent to his election, which could make Barrett’s vote pivotal in overturning Roe v. Wade.^[64]

Barrett was critical of Chief Justice John Roberts’opinion in the 5–4 decision that upheld the constitutionality of the central provision in the Affordable Care Act (Obamacare) in NFIB vs. Sebelius. Roberts’s opinion defended the constitutionality of the individual mandate of the Affordable Care Act by characterizing it as a “tax.” Barrett disapproved of this approach, saying Roberts pushed the ACA “beyond it’s plausible limit to save it.”^{[64][65][66][67]} She criticized the Obama administration for providing employees of religious institutions the option of obtaining birth controlwithout having the religious institutions pay for it.^[65]

Potential Supreme Court nomination

Barrett has been on President Trump’s list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy‘s retirement announcement, she was reportedly one of three finalists Trump considered, along with Judge Raymond Kethledge and Judge Brett Kavanaugh.^[16][68] Trump chose Kavanaugh.^[69]Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.^[70] In the Republican Party, Barrett was favored by social conservatives.^[70]

After Kavanaugh’s selection, Barrett was viewed as a possible Trump nominee for a future Supreme Court vacancy.^[71] Trump was reportedly “saving” Ruth Bader Ginsburg‘s seat for Barrett if Ginsburg retired or died during his presidency.^[72] Ginsburg died on September 18, 2020, and Barrett has been widely mentioned as the front-runner to succeed her.^{[73][74][75][76]}

Personal life

Judge Barrett with her husband, Jesse

Since 1999, Barrett has been married to fellow Notre Dame Law graduate Jesse M. Barrett, a partner at SouthBank Legal in South Bend, Indiana. Previously, Jesse Barrett worked as an Assistant U.S. Attorneyfor the Northern District of Indiana for 13 years.^[77][78][79] They live in South Bend and have seven children, ranging in age from 8-19.^[80] Two of the Barrett children are adopted from Haiti. Their youngest biological child has special needs.^[79][2][81]Barrett is a practicing Catholic.^[82][83]

In September 2017, The New York Times reported that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.^[84][85] Founded in South Bend, the group is associated with the Catholic Charismatic Renewalmovement; it is ecumenical and not formally affiliated with the Catholic Church, but about 90% of its members are Catholic.^[85][86]

Affiliations and recognition

From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.^[15]

Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.^[25][10][11] She is a member of the American Law Institute.^[87]

Selected publications

• Barrett, Amy Coney (2017). “Originalism and Stare Decisis”. Notre Dame Law Review. 92: 1921–1944.
• Barrett, Amy Coney; Nagle, John Copeland (2016). “Congressional Originalism”. University of Pennsylvania Journal of Constitutional Law. 19: 1–44.
• Barrett, Amy Coney (2017). “Countering the Majoritarian Difficulty [review]”. Constitutional Commentary. 32: 61–84.
• Barrett, Amy Coney (2014). “Suspension and Delegation”. Cornell Law Review. 99: 251–326.
• Barrett, Amy Coney (2013). “Precedent and Jurisprudential Disagreement” (PDF). Texas Law Review. 91: 1711–1737.
• Barrett, Amy Coney (2010). “Substantive Canons and Faithful Agency” (PDF). B.U. L. Rev.: 109–182.
• Barrett, Amy Coney (2008). “Introduction [Symposium: Stare Decisis and Nonjudicial Actors]”. Notre Dame Law Review. 83: 1147–1172.
• Barrett, Amy Coney (2008). “Procedural Common Law” (PDF). Virginia Law Review. 94: 813–888.
• Barrett, Amy Coney (2006). “The Supervisory Power of the Supreme Court”. Columbia Law Review. 106: 324–387.
• Barrett, Amy Coney (2005). “Statutory Stare Decisis in the Courts of Appeals”. The George Washington Law Review. 73: 317–352.
• Barrett, Amy Coney (2003). “Stare Decisis and Due Process”. U. Colo. L. Rev. 74: 1011–1074.
• Barrett, Amy Coney; Garvey, John H. (1998). “Catholic Judges in Capital Cases”. Marquette Law Review. 81: 303.

See also

References

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​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned her bachelor’s degree from Rhodes College in 1994 and her J.D. from Notre Dame Law School in 1997. Following law school, Barrett clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. She also practiced law with Washington, D.C. law firm Miller, Cassidy, Larroca & Lewin.

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I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run there in 1978. Also during the late 1970’s I helped my friends Byron Tyler and David Rogers in a Christian Rock Saturday morning show on Rhodes’s radio station!!! My brother-in-law graduated from Rhodes but I graduated from University of Memphis in 1982.

President Hass’ Message to the Rhodes Community Regarding Alumna Amy Coney Barrett’s ’94 Consideration for the Supreme Court

SEPTEMBER 22, 2020

President Marjorie Hass sent the following email to the Rhodes community today regarding Judge Amy Coney Barrett’s inclusion on the short list of Supreme Court Justice nominees:

Dear Rhodes Community,

I join with our nation in mourning the loss of Justice Ruth Bader Ginsburg. Last evening, I spoke at a community memorial event in her honor. You can see my comments here.

One of the other speakers, Rhodes alumna and president of the Ben F. Jones Chapter of the National Bar Association, Shayla White Purifoy ‘03, focused her remarks on Justice Ginsburg’s reputation for collegiality and her close friendship with Justice Scalia—a friendship that flourished despite their differing perspectives and political affiliations. I found these remarks particularly poignant given the debates many of you are having with each other over the news that Rhodes alumna Judge Amy Coney Barrett ‘94 is a possible, perhaps even likely, Supreme Court nominee.  

It is remarkable that a Rhodes graduate should appear at the top of a list of potential Supreme Court nominees, but it is in keeping with a long history of Rhodes connections to the highest court in the land. Alumnus Abe Fortas ’30 became a Supreme Court justice. Rhodes graduates have clerked for Justices and serve as federal judges. Rhodes has hosted both Justice Stephen Breyer and the late Justice Antonin Scalia on our campus. Our mock trial team is among the very best—in many years, the best—in the country. Judge Coney Barrett participates in this tradition of academic excellence. As a member of the Rhodes College Class of 1994, she graduated magna cum laude and Phi Beta Kappa with a Bachelor of Arts in English. While at Rhodes, she was elected to the Honor Council and to the Student Hall of Fame. She has gone on to a career of professional distinction and achievement.

Many students and alumni have written to me over the past few days. The intensely politicized nature of this moment and this nomination, and the very high stakes, mean that the letters are passionately felt and widely divergent in perspective. As I read them, I am deeply aware of the ways a Rhodes education shapes our students. No matter the political alignment of the writer, the letters I am receiving are almost all thoughtful, articulate, and grounded in values beyond mere political advantage. They speak of the strength of a Rhodes education, concern about how Rhodes should respond, and both hope and fear for our country and its future.  

The diversity of views you present is to be expected and even welcomed. At Rhodes, we value critical thought, reasoned debate, the development of personal values, and the ability to engage across differences. Rhodes produces graduates in many fields who fall across a wide range of the political spectrum. Our Rhodes relationships offer the increasingly rare opportunity to engage with and learn from differing points of view. 

The Rhodes connection to the Supreme Court is a source of institutional pride. It comes with a consequent responsibility to rise to the great challenges of our time with courage and integrity. My prayer and hope is that each of us will be moved to speak, act, and vote in accord with conscience, wisdom, and a passion for justice. Your Rhodes education has prepared you for this. 

Best,
Marjorie

—

Amy Coney Barrett (born January 28, 1972)^[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.^[3] Barrett’s scholarship focuses on originalism.

Amy Coney Barrett
Barrett in 2018
Judge of the United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office  November 2, 2017
Appointed by	Donald Trump
Preceded by	John Daniel Tinder
Personal details
Born	January 28, 1972(age 48) New Orleans, Louisiana, U.S.
Spouse(s)	Jesse Barrett
Education	Rhodes College (BA) University of Notre Dame(JD)
Academic background
Academic work
Discipline	Jurisprudence
Institutions	Notre Dame Law School
Website	Notre Dame Law Biography

Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017 and confirmed by the Senate on October 31, 2017. While serving on the federal bench, she was a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.^[4][2][5][6] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to President Trump’s list of potential Supreme Court nominees.^[7]Trump reportedly intends to nominate her to succeed Ruth Bader Ginsburg on the United States Supreme Court.^[8]

Early life and education

Barrett was born in New Orleans, Louisiana, in 1972.^[2] She is the eldest of seven children, with five sisters and a brother. Her father Michael Coney worked as an attorney for Shell Oil Company, and her mother Linda was a homemaker. Barrett grew up in Metairie, a suburb of New Orleans, and graduated from St. Mary’s Dominican High School in 1990.^[9]

Barrett studied English literature at Rhodes College, graduating in 1994 with a Bachelor of Arts magna cum laude and Phi Beta Kappa membership.^[10] She then studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review^[11] and graduated first in her class in 1997 with a Juris Doctor summa cum laude.^[12]

Career

Clerkships and private practice

After law school Barrett spent two years as a judicial law clerk, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998,^[13] then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.^[13]

From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.^[11][14]

Teaching and scholarship

Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School in 2002.^[15]At Notre Dame she taught federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.^[16] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.^[12] Her academic work has been published in journals such as the Columbia, Cornell, Virginia, Notre Dame, and TexasLaw Reviews.^[15] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014), Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013), The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006), and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).

At Notre Dame, Barrett received the “Distinguished Professor of the Year” award three times.^[15] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.^[15] Barrett has continued to teach seminars as a sitting judge.^[17]

Federal judicial service

Nomination and confirmation

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.^[18][19]Judge Laurence Silberman, for whom Barrett first clerked after law school, swearing her in at her investiture as a judge on the Seventh Circuit.

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.^[20] During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. The article concluded that the trial judge should recuse herself instead of entering the order. Asked to “elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today,” Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, “My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge”^[21][22] and “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”^[23] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”^[24][25][26] The hearing made Barrett popular with religious conservatives,^[11] and in response, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo and Feinstein’s “dogma” remark.^[27]Feinstein’s and other senators’ questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as improper inquiry into a nominee’s religious belief that employed an unconstitutional “religious test” for office;^[23][28][29]others, such as Nan Aron, defended Feinstein’s line of questioning.^[29]

Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett’s nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters.^[30][31] During her Senate confirmation hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. Hodges, United States v. Windsor, and Lawrence v. Texas. Barrett said these cases are “binding precedents” that she intended to “faithfully follow if confirmed” to the appeals court, as required by law.^[30] The letter co-signed by Lambda Legal said “Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, ‘put Catholic judges in a bind.'”^[30] Carrie Severino of the Judicial Crisis Network later said that warnings from LGBT advocacy groups about shortlisted nominees to replace Justice Anthony Kennedy, including Barrett, were “very much overblown” and called them “mostly scare tactics.”^[30]

In 2015, Barrett signed a letter in support of the Ordinary Synod of Bishops on the Family that endorsed the Catholic Church’s teachings on human sexuality and its definition of marriage as between one man and one woman. When asked about the letter, she testified that the Church’s definition of marriage is legally irrelevant.^[32][33]

Barrett’s nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting Barrett’s nomination.^[34][35]

On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.^[36][37] On October 30, the Senate invoked cloture by a vote of 54–42.^[38] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe Donnelly, Tim Kaine, and Joe Manchin—voting for her.^[10] She received her commission two days later.^[2] Barrett is the first and to date only woman to occupy an Indiana seat on the Seventh Circuit.^[39]

Notable cases

Title IX

In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy.^[40] Doe alleged the school’s Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights “by imposing a punishment infected by sex bias,” and remanded to the District Court for further proceedings.^[41][42][43]

Title VII

In EEOC v. AutoZone, the Seventh Circuit considered the federal government’s appeal from a ruling in a suit brought by the Equal Employment Opportunity Commission against AutoZone; the EEOC argued that the retailer’s assignment of employees to different stores based on race (e.g., “sending African American employees to stores in heavily African American neighborhoods”) violated Title VII of the Civil Rights Act. The panel, which did not include Barrett, ruled in favor of AutoZone. An unsuccessful petition for rehearing en banc was filed. Three judges—Chief Judge Diane Wood and Judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the panel decision as upholding a “separate-but-equal arrangement”; Barrett and four other judges voted to deny rehearing.^[11]

Immigration

In Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020), Barrett wrote a 40-page dissent from the majority’s decision to uphold a preliminary injunction on the Trump administration’s controversial “public charge rule“, which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.^[44][45][46] The public charge issue is the subject of a circuit split.^[44][46][47]

In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer’s decision to twice deny Ahmad’s visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife’s visa application violated his constitutional right to live in the United States with his spouse.^[48] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. She declined to address whether Yafai had been denied a constitutional right (or whether a constitutional right to live in the United States with his spouse existed) because even if a constitutional right was implicated, the court lacked authority to disturb the consular officer’s decision to deny Ahmad’s visa application because that decision was facially legitimate and bona fide. Following the panel’s decision, Yafai filed a petition for rehearing en banc; the petition was denied, with eight judges voting against rehearing and three in favor, Wood, Rovner and Hamilton. Barrett and Judge Joel Flaumconcurred in the denial of rehearing.^[48][49]

Second Amendment

In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented when the court upheld a law prohibiting convicted nonviolent felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as “substantially related to an important government interest in preventing gun violence.” In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.^[50][51]

Fourth Amendment

In Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019), the panel, in an opinion by Barrett, affirmed the district court’s ruling denying the defendant’s motion for summary judgment and qualified immunity in a 42 U.S.C. § 1983 case. The defendant, Benner, was a police detective who knowingly provided false and misleading information in a probable cause affidavit that was used to obtain an arrest warrant against Rainsberger. (The charges were later dropped and Rainsberger was released.) The court found the defendant’s lies and omissions violated “clearly established law” and thus Benner was not shielded by qualified immunity.^[52]

The case United States v. Watson, 900 F.3d 892 (7th Cir. 2018) involved police responding to an anonymous tip that people were “playing with guns” in a parking lot. The police arrived and searched the defendant’s vehicle, taking possession of two firearms; the defendant was later charged with being a felon in possession of a firearm. The district court denied the defendant’s motion to suppress. On appeal, the Seventh Circuit, in a decision by Barrett, vacated and remanded, determining that the police lacked probable cause to search the vehicle based solely upon the tip, when no crime was alleged. Barrett distinguished Navarette v. California and wrote, “the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson’s case presents a close call. But this one falls on the wrong side of the Fourth Amendment.”^[53]

In a 2013 Texas Law Review article, Barrett included as one of only seven Supreme Court “superprecedents“, Mapp vs Ohio (1961); the seminal case where the court found through the doctrine of selective incorporation that the 4th Amendment’s protections against unreasonable searches and seizures was binding on state and local authorities in the same way it historically applied to the federal government.

Civil procedure and standing

In Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019), the plaintiff brought a class-action lawsuit against Madison Avenue, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA) when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify that she was required to respond in writing to trigger the FDCPA protections. Casillas did not allege that she had tried to verify her debt and trigger the statutory protections under the FDCPA, or that the amount owed was in any doubt. In a decision written by Barrett, the panel, citing the Supreme Court’s decision in Spokeo, Inc. v. Robins, found that the plaintiff’s allegation of receiving incorrect or incomplete information was a “bare procedural violation” that was insufficiently concrete to satisfy the Article III‘s injury-in-fact requirement. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.^[54][55][56]

Judicial philosophy and political views

Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.^[10] Reuters described Barrett as a “a favorite among religious conservatives,” and said that she has supported expansive gun rights and voted in favor of one of the Trump administration’s anti-immigration policies.^[57]

Barrett was one of Justice Antonin Scalia‘s law clerks. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.^[58]

In 2013, Barrett wrote a Texas Law Review article on the doctrine of stare decisis wherein she listed seven cases that should be considered “superprecedents”—cases that the court would never consider overturning. The list included Brown v. Board of Education but specifically excluded Roe v. Wade. In explaining why it was not included, Barrett referenced scholarship agreeing that in order to qualify as “superprecedent” a decision must enjoy widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge. She argued the people must trust the validity of a ruling to such an extent the matter has been taken “off of the court’s agenda,” with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey as specific evidence Roe had not yet attained this status.^[59] The article did not include any pro-Second Amendment or pro-LGBT cases as “Super-Precedent”.^[30][31] When asked during her confirmation hearings why she did not include any pro-LGBT cases as “superprecedent”, Barrett explained that the list contained in the article was collected from other scholars and not a product of her own independent analysis on the subject.^[32][33]

Barrett has never ruled directly on a case pertaining to abortion rights, but she did vote to rehear a successful challenge to Indiana’s parental notification law in 2019. In 2018, Barrett voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law and in July 2020 it ordered a rehearing in the parental notification case.^[57] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine‘s paraphrase—as “creating through judicial fiat a framework of abortion on demand.”^[60][61] She also remarked that it was “very unlikely” the court would overturn the core of Roe v. Wade: “The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”^[62][63] NPR said that those statements were made before the election of Donald Trump and the changing composition of the Supreme Court to the right subsequent to his election, which could make Barrett’s vote pivotal in overturning Roe v. Wade.^[64]

Barrett was critical of Chief Justice John Roberts’opinion in the 5–4 decision that upheld the constitutionality of the central provision in the Affordable Care Act (Obamacare) in NFIB vs. Sebelius. Roberts’s opinion defended the constitutionality of the individual mandate of the Affordable Care Act by characterizing it as a “tax.” Barrett disapproved of this approach, saying Roberts pushed the ACA “beyond it’s plausible limit to save it.”^{[64][65][66][67]} She criticized the Obama administration for providing employees of religious institutions the option of obtaining birth controlwithout having the religious institutions pay for it.^[65]

Potential Supreme Court nomination

Barrett has been on President Trump’s list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy‘s retirement announcement, she was reportedly one of three finalists Trump considered, along with Judge Raymond Kethledge and Judge Brett Kavanaugh.^[16][68] Trump chose Kavanaugh.^[69]Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.^[70] In the Republican Party, Barrett was favored by social conservatives.^[70]

After Kavanaugh’s selection, Barrett was viewed as a possible Trump nominee for a future Supreme Court vacancy.^[71] Trump was reportedly “saving” Ruth Bader Ginsburg‘s seat for Barrett if Ginsburg retired or died during his presidency.^[72] Ginsburg died on September 18, 2020, and Barrett has been widely mentioned as the front-runner to succeed her.^{[73][74][75][76]}

Personal life

Judge Barrett with her husband, Jesse

Since 1999, Barrett has been married to fellow Notre Dame Law graduate Jesse M. Barrett, a partner at SouthBank Legal in South Bend, Indiana. Previously, Jesse Barrett worked as an Assistant U.S. Attorneyfor the Northern District of Indiana for 13 years.^[77][78][79] They live in South Bend and have seven children, ranging in age from 8-19.^[80] Two of the Barrett children are adopted from Haiti. Their youngest biological child has special needs.^[79][2][81]Barrett is a practicing Catholic.^[82][83]

In September 2017, The New York Times reported that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.^[84][85] Founded in South Bend, the group is associated with the Catholic Charismatic Renewalmovement; it is ecumenical and not formally affiliated with the Catholic Church, but about 90% of its members are Catholic.^[85][86]

Affiliations and recognition

From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.^[15]

Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.^[25][10][11] She is a member of the American Law Institute.^[87]

Selected publications

• Barrett, Amy Coney (2017). “Originalism and Stare Decisis”. Notre Dame Law Review. 92: 1921–1944.
• Barrett, Amy Coney; Nagle, John Copeland (2016). “Congressional Originalism”. University of Pennsylvania Journal of Constitutional Law. 19: 1–44.
• Barrett, Amy Coney (2017). “Countering the Majoritarian Difficulty [review]”. Constitutional Commentary. 32: 61–84.
• Barrett, Amy Coney (2014). “Suspension and Delegation”. Cornell Law Review. 99: 251–326.
• Barrett, Amy Coney (2013). “Precedent and Jurisprudential Disagreement” (PDF). Texas Law Review. 91: 1711–1737.
• Barrett, Amy Coney (2010). “Substantive Canons and Faithful Agency” (PDF). B.U. L. Rev.: 109–182.
• Barrett, Amy Coney (2008). “Introduction [Symposium: Stare Decisis and Nonjudicial Actors]”. Notre Dame Law Review. 83: 1147–1172.
• Barrett, Amy Coney (2008). “Procedural Common Law” (PDF). Virginia Law Review. 94: 813–888.
• Barrett, Amy Coney (2006). “The Supervisory Power of the Supreme Court”. Columbia Law Review. 106: 324–387.
• Barrett, Amy Coney (2005). “Statutory Stare Decisis in the Courts of Appeals”. The George Washington Law Review. 73: 317–352.
• Barrett, Amy Coney (2003). “Stare Decisis and Due Process”. U. Colo. L. Rev. 74: 1011–1074.
• Barrett, Amy Coney; Garvey, John H. (1998). “Catholic Judges in Capital Cases”. Marquette Law Review. 81: 303.

See also

References

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​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned her bachelor’s degree from Rhodes College in 1994 and her J.D. from Notre Dame Law School in 1997. Following law school, Barrett clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. She also practiced law with Washington, D.C. law firm Miller, Cassidy, Larroca & Lewin.

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Amy Coney Barrett Opened Up about Adoption, Pregnancy in 2019 D.C. Talk

By TOBIAS HOONHOUTSeptember 22, 2020 2:41 PM

While she hasn’t explicitly challenged the precedent established by Roe v. Wade in her capacity as a judge, Amy Coney Barrett — pegged by some as the odds-on favorite to be President Trump’s Supreme Court nominee — has more than demonstrated her commitment to life in the way that she’s formed her family.

While serving as a judge on the Seventh Circuit, Barrett has not questioned Roe’soverall precedent in two separate cases involving abortion. But her legal credentials and personal background — Barrett is a mother of seven, including two adopted children from Haiti and a biological son with Down syndrome — have drawn rave reviews from conservatives and pro-life activists

Marjorie Dannenfelser, the president of the Susan B. Anthony List, told the New York Times that Barrett is “the perfect combination of brilliant jurist and a woman who brings the argument to the court that is potentially the contrary to the views of the sitting women justices.”

A Senate GOP aide said that “the consensus view” among Republicans is that Barrett “would be rock solid” on pro-life issues, according to Politico.

Further proof of Barrett’s strong pro-life credentials comes from the judge herself.

Judge Patrick J. Schiltz, a mentor of Barrett’s, told the Times that Barrett learned of her youngest’s diagnosis in prenatal testing, and chose to keep the pregnancy (the Times later added a correction noting that this was incorrect). And in an interview hosted last year by the Notre Dame alumni club of Washington, D.C., Barrett described how in 2009, she and her husband Jesse — despite having four kids at home already — were trying to adopt a second child from Haiti, a process that seemed destined for failure.

“It looked like it wasn’t going to happen, and then they told us it wasn’t going to happen — paperwork things had just gone south. And so mentally and emotionally, we had closed that door,” Barrett recalled. “ . . . It was right around December and I thought to myself, ‘we should just cut that paperwork, just pull it out and bring it to a close, because they told us that it’s not happening, so we might as well just not have that loose end hanging out there.’ But Christmas came and we didn’t do anything about it.”

After the horrific 7.0 magnitude earthquake that rocked Haiti in January 2010, however, the U.S. State Department eased some adoption requirements to expedite the process, and the Barretts’s case was allowed to proceed.

And as Jesse was figuring out how to pick up their new son in Florida, Barrett suddenly learned that she was pregnant — despite thinking at the time that “for a variety of reasons, we weren’t sure that would happen” — turning everything back on its head.

“We had an intense three-hour period where we had to decide were we going to go forward with going to get John Peter in Florida, because we discovered that Juliette was going to be coming that year too,” Barrett said, recalling the disbelief from adding one child to the family to suddenly having an additional one.

“I walked up to the cemetery on campus and I just sat down on one of the benches and I just thought ‘okay, well if life’s really hard, at least it’s short,’” Barrett recalled joking to herself. “But I thought, ‘what, what greater thing can you do than raise children? That’s where you have your greatest impact on the world.’”

Jesse Barrett ultimately went to Florida and brought home John Peter.

Editor’s Note: This piece has been updated with additional information.

—

—

Amy Coney Barrett (born January 28, 1972)^[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.^[3] Barrett’s scholarship focuses on originalism.

Amy Coney Barrett
Barrett in 2018
Judge of the United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office  November 2, 2017
Appointed by	Donald Trump
Preceded by	John Daniel Tinder
Personal details
Born	January 28, 1972(age 48) New Orleans, Louisiana, U.S.
Spouse(s)	Jesse Barrett
Education	Rhodes College (BA) University of Notre Dame(JD)
Academic background
Academic work
Discipline	Jurisprudence
Institutions	Notre Dame Law School
Website	Notre Dame Law Biography

Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017 and confirmed by the Senate on October 31, 2017. While serving on the federal bench, she was a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.^[4][2][5][6] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to President Trump’s list of potential Supreme Court nominees.^[7]Trump reportedly intends to nominate her to succeed Ruth Bader Ginsburg on the United States Supreme Court.^[8]

Early life and education

Barrett was born in New Orleans, Louisiana, in 1972.^[2] She is the eldest of seven children, with five sisters and a brother. Her father Michael Coney worked as an attorney for Shell Oil Company, and her mother Linda was a homemaker. Barrett grew up in Metairie, a suburb of New Orleans, and graduated from St. Mary’s Dominican High School in 1990.^[9]

Barrett studied English literature at Rhodes College, graduating in 1994 with a Bachelor of Arts magna cum laude and Phi Beta Kappa membership.^[10] She then studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review^[11] and graduated first in her class in 1997 with a Juris Doctor summa cum laude.^[12]

Career

Clerkships and private practice

After law school Barrett spent two years as a judicial law clerk, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998,^[13] then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.^[13]

From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.^[11][14]

Teaching and scholarship

Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School in 2002.^[15]At Notre Dame she taught federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.^[16] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.^[12] Her academic work has been published in journals such as the Columbia, Cornell, Virginia, Notre Dame, and TexasLaw Reviews.^[15] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014), Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013), The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006), and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).

At Notre Dame, Barrett received the “Distinguished Professor of the Year” award three times.^[15] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.^[15] Barrett has continued to teach seminars as a sitting judge.^[17]

Federal judicial service

Nomination and confirmation

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.^[18][19]Judge Laurence Silberman, for whom Barrett first clerked after law school, swearing her in at her investiture as a judge on the Seventh Circuit.

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.^[20] During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. The article concluded that the trial judge should recuse herself instead of entering the order. Asked to “elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today,” Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, “My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge”^[21][22] and “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”^[23] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”^[24][25][26] The hearing made Barrett popular with religious conservatives,^[11] and in response, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo and Feinstein’s “dogma” remark.^[27]Feinstein’s and other senators’ questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as improper inquiry into a nominee’s religious belief that employed an unconstitutional “religious test” for office;^[23][28][29]others, such as Nan Aron, defended Feinstein’s line of questioning.^[29]

Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett’s nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters.^[30][31] During her Senate confirmation hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. Hodges, United States v. Windsor, and Lawrence v. Texas. Barrett said these cases are “binding precedents” that she intended to “faithfully follow if confirmed” to the appeals court, as required by law.^[30] The letter co-signed by Lambda Legal said “Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, ‘put Catholic judges in a bind.'”^[30] Carrie Severino of the Judicial Crisis Network later said that warnings from LGBT advocacy groups about shortlisted nominees to replace Justice Anthony Kennedy, including Barrett, were “very much overblown” and called them “mostly scare tactics.”^[30]

In 2015, Barrett signed a letter in support of the Ordinary Synod of Bishops on the Family that endorsed the Catholic Church’s teachings on human sexuality and its definition of marriage as between one man and one woman. When asked about the letter, she testified that the Church’s definition of marriage is legally irrelevant.^[32][33]

Barrett’s nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting Barrett’s nomination.^[34][35]

On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.^[36][37] On October 30, the Senate invoked cloture by a vote of 54–42.^[38] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe Donnelly, Tim Kaine, and Joe Manchin—voting for her.^[10] She received her commission two days later.^[2] Barrett is the first and to date only woman to occupy an Indiana seat on the Seventh Circuit.^[39]

Notable cases

Title IX

In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy.^[40] Doe alleged the school’s Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights “by imposing a punishment infected by sex bias,” and remanded to the District Court for further proceedings.^[41][42][43]

Title VII

In EEOC v. AutoZone, the Seventh Circuit considered the federal government’s appeal from a ruling in a suit brought by the Equal Employment Opportunity Commission against AutoZone; the EEOC argued that the retailer’s assignment of employees to different stores based on race (e.g., “sending African American employees to stores in heavily African American neighborhoods”) violated Title VII of the Civil Rights Act. The panel, which did not include Barrett, ruled in favor of AutoZone. An unsuccessful petition for rehearing en banc was filed. Three judges—Chief Judge Diane Wood and Judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the panel decision as upholding a “separate-but-equal arrangement”; Barrett and four other judges voted to deny rehearing.^[11]

Immigration

In Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020), Barrett wrote a 40-page dissent from the majority’s decision to uphold a preliminary injunction on the Trump administration’s controversial “public charge rule“, which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.^[44][45][46] The public charge issue is the subject of a circuit split.^[44][46][47]

In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer’s decision to twice deny Ahmad’s visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife’s visa application violated his constitutional right to live in the United States with his spouse.^[48] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. She declined to address whether Yafai had been denied a constitutional right (or whether a constitutional right to live in the United States with his spouse existed) because even if a constitutional right was implicated, the court lacked authority to disturb the consular officer’s decision to deny Ahmad’s visa application because that decision was facially legitimate and bona fide. Following the panel’s decision, Yafai filed a petition for rehearing en banc; the petition was denied, with eight judges voting against rehearing and three in favor, Wood, Rovner and Hamilton. Barrett and Judge Joel Flaumconcurred in the denial of rehearing.^[48][49]

Second Amendment

In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented when the court upheld a law prohibiting convicted nonviolent felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as “substantially related to an important government interest in preventing gun violence.” In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.^[50][51]

Fourth Amendment

In Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019), the panel, in an opinion by Barrett, affirmed the district court’s ruling denying the defendant’s motion for summary judgment and qualified immunity in a 42 U.S.C. § 1983 case. The defendant, Benner, was a police detective who knowingly provided false and misleading information in a probable cause affidavit that was used to obtain an arrest warrant against Rainsberger. (The charges were later dropped and Rainsberger was released.) The court found the defendant’s lies and omissions violated “clearly established law” and thus Benner was not shielded by qualified immunity.^[52]

The case United States v. Watson, 900 F.3d 892 (7th Cir. 2018) involved police responding to an anonymous tip that people were “playing with guns” in a parking lot. The police arrived and searched the defendant’s vehicle, taking possession of two firearms; the defendant was later charged with being a felon in possession of a firearm. The district court denied the defendant’s motion to suppress. On appeal, the Seventh Circuit, in a decision by Barrett, vacated and remanded, determining that the police lacked probable cause to search the vehicle based solely upon the tip, when no crime was alleged. Barrett distinguished Navarette v. California and wrote, “the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson’s case presents a close call. But this one falls on the wrong side of the Fourth Amendment.”^[53]

In a 2013 Texas Law Review article, Barrett included as one of only seven Supreme Court “superprecedents“, Mapp vs Ohio (1961); the seminal case where the court found through the doctrine of selective incorporation that the 4th Amendment’s protections against unreasonable searches and seizures was binding on state and local authorities in the same way it historically applied to the federal government.

Civil procedure and standing

In Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019), the plaintiff brought a class-action lawsuit against Madison Avenue, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA) when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify that she was required to respond in writing to trigger the FDCPA protections. Casillas did not allege that she had tried to verify her debt and trigger the statutory protections under the FDCPA, or that the amount owed was in any doubt. In a decision written by Barrett, the panel, citing the Supreme Court’s decision in Spokeo, Inc. v. Robins, found that the plaintiff’s allegation of receiving incorrect or incomplete information was a “bare procedural violation” that was insufficiently concrete to satisfy the Article III‘s injury-in-fact requirement. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.^[54][55][56]

Judicial philosophy and political views

Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.^[10] Reuters described Barrett as a “a favorite among religious conservatives,” and said that she has supported expansive gun rights and voted in favor of one of the Trump administration’s anti-immigration policies.^[57]

Barrett was one of Justice Antonin Scalia‘s law clerks. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.^[58]

In 2013, Barrett wrote a Texas Law Review article on the doctrine of stare decisis wherein she listed seven cases that should be considered “superprecedents”—cases that the court would never consider overturning. The list included Brown v. Board of Education but specifically excluded Roe v. Wade. In explaining why it was not included, Barrett referenced scholarship agreeing that in order to qualify as “superprecedent” a decision must enjoy widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge. She argued the people must trust the validity of a ruling to such an extent the matter has been taken “off of the court’s agenda,” with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey as specific evidence Roe had not yet attained this status.^[59] The article did not include any pro-Second Amendment or pro-LGBT cases as “Super-Precedent”.^[30][31] When asked during her confirmation hearings why she did not include any pro-LGBT cases as “superprecedent”, Barrett explained that the list contained in the article was collected from other scholars and not a product of her own independent analysis on the subject.^[32][33]

Barrett has never ruled directly on a case pertaining to abortion rights, but she did vote to rehear a successful challenge to Indiana’s parental notification law in 2019. In 2018, Barrett voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law and in July 2020 it ordered a rehearing in the parental notification case.^[57] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine‘s paraphrase—as “creating through judicial fiat a framework of abortion on demand.”^[60][61] She also remarked that it was “very unlikely” the court would overturn the core of Roe v. Wade: “The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”^[62][63] NPR said that those statements were made before the election of Donald Trump and the changing composition of the Supreme Court to the right subsequent to his election, which could make Barrett’s vote pivotal in overturning Roe v. Wade.^[64]

Barrett was critical of Chief Justice John Roberts’opinion in the 5–4 decision that upheld the constitutionality of the central provision in the Affordable Care Act (Obamacare) in NFIB vs. Sebelius. Roberts’s opinion defended the constitutionality of the individual mandate of the Affordable Care Act by characterizing it as a “tax.” Barrett disapproved of this approach, saying Roberts pushed the ACA “beyond it’s plausible limit to save it.”^{[64][65][66][67]} She criticized the Obama administration for providing employees of religious institutions the option of obtaining birth controlwithout having the religious institutions pay for it.^[65]

Potential Supreme Court nomination

Barrett has been on President Trump’s list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy‘s retirement announcement, she was reportedly one of three finalists Trump considered, along with Judge Raymond Kethledge and Judge Brett Kavanaugh.^[16][68] Trump chose Kavanaugh.^[69]Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.^[70] In the Republican Party, Barrett was favored by social conservatives.^[70]

After Kavanaugh’s selection, Barrett was viewed as a possible Trump nominee for a future Supreme Court vacancy.^[71] Trump was reportedly “saving” Ruth Bader Ginsburg‘s seat for Barrett if Ginsburg retired or died during his presidency.^[72] Ginsburg died on September 18, 2020, and Barrett has been widely mentioned as the front-runner to succeed her.^{[73][74][75][76]}

Personal life

Judge Barrett with her husband, Jesse

Since 1999, Barrett has been married to fellow Notre Dame Law graduate Jesse M. Barrett, a partner at SouthBank Legal in South Bend, Indiana. Previously, Jesse Barrett worked as an Assistant U.S. Attorneyfor the Northern District of Indiana for 13 years.^[77][78][79] They live in South Bend and have seven children, ranging in age from 8-19.^[80] Two of the Barrett children are adopted from Haiti. Their youngest biological child has special needs.^[79][2][81]Barrett is a practicing Catholic.^[82][83]

In September 2017, The New York Times reported that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.^[84][85] Founded in South Bend, the group is associated with the Catholic Charismatic Renewalmovement; it is ecumenical and not formally affiliated with the Catholic Church, but about 90% of its members are Catholic.^[85][86]

Affiliations and recognition

From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.^[15]

Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.^[25][10][11] She is a member of the American Law Institute.^[87]

Selected publications

• Barrett, Amy Coney (2017). “Originalism and Stare Decisis”. Notre Dame Law Review. 92: 1921–1944.
• Barrett, Amy Coney; Nagle, John Copeland (2016). “Congressional Originalism”. University of Pennsylvania Journal of Constitutional Law. 19: 1–44.
• Barrett, Amy Coney (2017). “Countering the Majoritarian Difficulty [review]”. Constitutional Commentary. 32: 61–84.
• Barrett, Amy Coney (2014). “Suspension and Delegation”. Cornell Law Review. 99: 251–326.
• Barrett, Amy Coney (2013). “Precedent and Jurisprudential Disagreement” (PDF). Texas Law Review. 91: 1711–1737.
• Barrett, Amy Coney (2010). “Substantive Canons and Faithful Agency” (PDF). B.U. L. Rev.: 109–182.
• Barrett, Amy Coney (2008). “Introduction [Symposium: Stare Decisis and Nonjudicial Actors]”. Notre Dame Law Review. 83: 1147–1172.
• Barrett, Amy Coney (2008). “Procedural Common Law” (PDF). Virginia Law Review. 94: 813–888.
• Barrett, Amy Coney (2006). “The Supervisory Power of the Supreme Court”. Columbia Law Review. 106: 324–387.
• Barrett, Amy Coney (2005). “Statutory Stare Decisis in the Courts of Appeals”. The George Washington Law Review. 73: 317–352.
• Barrett, Amy Coney (2003). “Stare Decisis and Due Process”. U. Colo. L. Rev. 74: 1011–1074.
• Barrett, Amy Coney; Garvey, John H. (1998). “Catholic Judges in Capital Cases”. Marquette Law Review. 81: 303.

See also

References

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​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned her bachelor’s degree from Rhodes College in 1994 and her J.D. from Notre Dame Law School in 1997. Following law school, Barrett clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. She also practiced law with Washington, D.C. law firm Miller, Cassidy, Larroca & Lewin.

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• OPINION 
•  DECLARATIONS

The Truth About People of Praise

If the nominee is Amy Coney Barrett, Democrats should resist the urge to target her for her faith.

By

Peggy NoonanSept. 24, 2020 7:28 pm ET

I strongly felt in the winter of 2016 that it was right and wise to hold off on a replacement for Justice Antonin Scalia, who’d died in his sleep in February at 79. The court has taken on outsize importance in our lives, the kind of judges Hillary Clinton and Donald Trump would choose would be very different, let the people decide in the coming election. But there was another reason, and it had to do not with constitutional prerogatives or political calculus but with human sentiment and the respect it deserves. This was the Scalia seat. It had been held for 30 years by a man who was the gravitational center of conservative thinking on the court. He was one of nine but it wasn’t just any seat; for many Americans his presence on the court had an almost spiritual meaning. So let the people in on this one, more directly than usual. This will allow a more peaceful acceptance of outcomes. 

Likewise in this case: Hold off, lower the temperature. It was Ruth Bader Ginsburg’s seat, held for 27 years by a liberal icon of the court. In a great and varied nation of 330 million people some tact is in order, some give, some deference to what is important to others. We won’t survive otherwise. The presidential election is in a matter of weeks. The kind of judge Donald Trump and Joe Biden would choose will be very different, we all know this. Let the people decide, and accept outcomes. 

A Trump Republican might say, “The other side would never do that for us!” That is completely true. But someone’s got to think about the larger project, which is trying to keep the country together when a million forces are tearing it apart. 

So we’re about to have—in the middle of a pandemic, an unprecedented economic emergency, a new and enduring wave of racial division, and a distinctively passionate presidential election featuring an incumbent who won’t even say he will accept the final result—a new layer of turmoil, the confirmation of a new Supreme Court justice.

And it will be ugly.

This column is published before the president announces his nominee. It is expected to be Judge Amy Coney Barrett of the Seventh U.S. Circuit Court of Appeals. With this president you never quite know! Let’s assume it will be.

Her Democratic interrogators in Senate Judiciary Committee hearings will go forward with one intent: to kill. Barring accusations of high-school sexual assault and personal financial malfeasance, which don’t seem promising lines of attack, the committee will attempt to paint her as an extremist—not only a judicial one but also a religious one.

Judge Barrett is a Roman Catholic, like Joe Biden and Nancy Pelosi. Judge Barrett is also a member of a faith community called People of Praise, which is part of the Charismatic Renewal movement within the church that started in the 1970s, after Vatican II. The movement emphasizes personal conversion and bringing forward Christ’s teachings in the world. There are tens of millions of members throughout the world, and about 1,700 members of People of Praise in more than 20 cities in the U.S., Canada and the Caribbean. Judge Barrett is associated with the founding American chapter in South Bend, Ind.

People of Praise has been accused of being a right-wing sect. It answers that it has politically liberal and conservative members. They don’t appear to be obsessed with traditionalism or orthodoxy and are ecumenical: Members include Protestants as well as Catholics. They have joined together intentionally, in community, to pray together, perform service, and run schools. They’re Christians living in the world. You

If they are right-wing religious extremists someone had better tell Pope Francis, who appointed a member of People of Praise’s South Bend community as auxilliary bishop of Portland, Ore. The pope has created a Vatican body to serve the renewal, and reminded the world-wide movement that its work must include service to the marginalized. Austen Ivereigh, author of an admired biography of Pope Francis and an essayist who writes with some asperity of conservative Catholicism, has written that although the Charismatic Renewal hasn’t been distinguished by its social commitments, “there are important exceptions to this story,” and People of Praise in South Bend is one. 

They have been accused of encouraging the subjugation of women. Until 2018, women who were leaders in the organization were called “handmaids.” “Handmaid” is a reference to the Blessed Mother and the annunciation—she was “handmaid to the Lord.” After Margaret Atwood’s 1985 novel, “The Handmaids Tale,” became a TV series and a symbol for anti-Trump activism, the group dropped “handmaid,” saying “the meaning of this term has shifted dramatically in our culture in recent years.” I’ll say.

There have been charges that women in People of Praise are encouraged to be submissive. One former member said as much to Reuters. Yet as O. Carter Snead, a Notre Dame law professor and director of the de Nicola Center for Ethics and Culture, notes, Amy Barrett—herself a law professor as well as a judge—appears to be failing at being submissive and a total disaster at being subjugated. Mr. Snead said an interview that he thinks People of Praise draws scrutiny in part because of nomenclature and terminology: “Even the name, People of Praise, sounds to the secular ear either corny or sinister. If you wanted to imagine a group in a dark dystopian hellscape, People of Praise is the name you’d give!”

Joannah Clark, a local leader of People of Praise in Portland and the head of Trinity Academy, a People of Praise school, also appears to be failing at submissiveness. “I consider myself a strong, well-educated, happy, intelligent, free, independent woman,” she laughs. She has a doctorate from Georgetown. Trinity’s culture is “distinctly Christian” but “purposely ecumenical.” The emphasis is on reading, writing and Socratic inquiry. “Our three pillars are the humanities, modern math and science, and the arts—music, drama.”

Do they teach evolution? They do.

“We are normal people—there’s women who are nurses, doctors, teachers, scientists, stay-at-home moms” in the community. “We are in Christian community because we take our faith seriously. We are not weird and mysterious,” she laughs. “And we are not controlled by men.” 

If Amy Coney Barrett is the nominee, People of Praise will come under discussion. Good. We can all understand each other better. Some bigotry against Catholics and Christians is unintentional, and all bigotry is a kind of fear. Senators can fairly ask Judge Barrett about the impact of her faith on her jurisprudence, as they have with previous nominees. When John F. Kennedy met with the Houston ministers who wanted to know the impact of his membership in the church on his ability to govern a varied constitutional nation, he had no trouble. 

But Democrats shouldn’t overplay their hand. People of Praise isn’t a strange radical group, it’s ardent Catholics being Catholic, American Christians trying to be Christian. Questioning with a hostile, aggressive or accusatory inflection may please and excite those who are alienated by or unknowing of religious life in America. Will it please anyone else? It might more likely produce a Kavanaugh-like disaster for the Democrats, perhaps even for some of their media handmaids

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Amy Coney Barrett (born January 28, 1972)^[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.^[3] Barrett’s scholarship focuses on originalism.

Amy Coney Barrett
Barrett in 2018
Judge of the United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office  November 2, 2017
Appointed by	Donald Trump
Preceded by	John Daniel Tinder
Personal details
Born	January 28, 1972(age 48) New Orleans, Louisiana, U.S.
Spouse(s)	Jesse Barrett
Education	Rhodes College (BA) University of Notre Dame(JD)
Academic background
Academic work
Discipline	Jurisprudence
Institutions	Notre Dame Law School
Website	Notre Dame Law Biography

Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017 and confirmed by the Senate on October 31, 2017. While serving on the federal bench, she was a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.^[4][2][5][6] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to President Trump’s list of potential Supreme Court nominees.^[7]Trump reportedly intends to nominate her to succeed Ruth Bader Ginsburg on the United States Supreme Court.^[8]

Early life and education

Barrett was born in New Orleans, Louisiana, in 1972.^[2] She is the eldest of seven children, with five sisters and a brother. Her father Michael Coney worked as an attorney for Shell Oil Company, and her mother Linda was a homemaker. Barrett grew up in Metairie, a suburb of New Orleans, and graduated from St. Mary’s Dominican High School in 1990.^[9]

Barrett studied English literature at Rhodes College, graduating in 1994 with a Bachelor of Arts magna cum laude and Phi Beta Kappa membership.^[10] She then studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review^[11] and graduated first in her class in 1997 with a Juris Doctor summa cum laude.^[12]

Career

Clerkships and private practice

After law school Barrett spent two years as a judicial law clerk, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998,^[13] then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.^[13]

From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.^[11][14]

Teaching and scholarship

Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School in 2002.^[15]At Notre Dame she taught federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.^[16] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.^[12] Her academic work has been published in journals such as the Columbia, Cornell, Virginia, Notre Dame, and TexasLaw Reviews.^[15] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014), Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013), The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006), and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).

At Notre Dame, Barrett received the “Distinguished Professor of the Year” award three times.^[15] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.^[15] Barrett has continued to teach seminars as a sitting judge.^[17]

Federal judicial service

Nomination and confirmation

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.^[18][19]Judge Laurence Silberman, for whom Barrett first clerked after law school, swearing her in at her investiture as a judge on the Seventh Circuit.

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.^[20] During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. The article concluded that the trial judge should recuse herself instead of entering the order. Asked to “elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today,” Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, “My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge”^[21][22] and “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”^[23] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”^[24][25][26] The hearing made Barrett popular with religious conservatives,^[11] and in response, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo and Feinstein’s “dogma” remark.^[27]Feinstein’s and other senators’ questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as improper inquiry into a nominee’s religious belief that employed an unconstitutional “religious test” for office;^[23][28][29]others, such as Nan Aron, defended Feinstein’s line of questioning.^[29]

Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett’s nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters.^[30][31] During her Senate confirmation hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. Hodges, United States v. Windsor, and Lawrence v. Texas. Barrett said these cases are “binding precedents” that she intended to “faithfully follow if confirmed” to the appeals court, as required by law.^[30] The letter co-signed by Lambda Legal said “Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, ‘put Catholic judges in a bind.'”^[30] Carrie Severino of the Judicial Crisis Network later said that warnings from LGBT advocacy groups about shortlisted nominees to replace Justice Anthony Kennedy, including Barrett, were “very much overblown” and called them “mostly scare tactics.”^[30]

In 2015, Barrett signed a letter in support of the Ordinary Synod of Bishops on the Family that endorsed the Catholic Church’s teachings on human sexuality and its definition of marriage as between one man and one woman. When asked about the letter, she testified that the Church’s definition of marriage is legally irrelevant.^[32][33]

Barrett’s nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting Barrett’s nomination.^[34][35]

On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.^[36][37] On October 30, the Senate invoked cloture by a vote of 54–42.^[38] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe Donnelly, Tim Kaine, and Joe Manchin—voting for her.^[10] She received her commission two days later.^[2] Barrett is the first and to date only woman to occupy an Indiana seat on the Seventh Circuit.^[39]

Notable cases

Title IX

In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy.^[40] Doe alleged the school’s Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights “by imposing a punishment infected by sex bias,” and remanded to the District Court for further proceedings.^[41][42][43]

Title VII

In EEOC v. AutoZone, the Seventh Circuit considered the federal government’s appeal from a ruling in a suit brought by the Equal Employment Opportunity Commission against AutoZone; the EEOC argued that the retailer’s assignment of employees to different stores based on race (e.g., “sending African American employees to stores in heavily African American neighborhoods”) violated Title VII of the Civil Rights Act. The panel, which did not include Barrett, ruled in favor of AutoZone. An unsuccessful petition for rehearing en banc was filed. Three judges—Chief Judge Diane Wood and Judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the panel decision as upholding a “separate-but-equal arrangement”; Barrett and four other judges voted to deny rehearing.^[11]

Immigration

In Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020), Barrett wrote a 40-page dissent from the majority’s decision to uphold a preliminary injunction on the Trump administration’s controversial “public charge rule“, which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.^[44][45][46] The public charge issue is the subject of a circuit split.^[44][46][47]

In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer’s decision to twice deny Ahmad’s visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife’s visa application violated his constitutional right to live in the United States with his spouse.^[48] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. She declined to address whether Yafai had been denied a constitutional right (or whether a constitutional right to live in the United States with his spouse existed) because even if a constitutional right was implicated, the court lacked authority to disturb the consular officer’s decision to deny Ahmad’s visa application because that decision was facially legitimate and bona fide. Following the panel’s decision, Yafai filed a petition for rehearing en banc; the petition was denied, with eight judges voting against rehearing and three in favor, Wood, Rovner and Hamilton. Barrett and Judge Joel Flaumconcurred in the denial of rehearing.^[48][49]

Second Amendment

In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented when the court upheld a law prohibiting convicted nonviolent felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as “substantially related to an important government interest in preventing gun violence.” In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.^[50][51]

Fourth Amendment

In Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019), the panel, in an opinion by Barrett, affirmed the district court’s ruling denying the defendant’s motion for summary judgment and qualified immunity in a 42 U.S.C. § 1983 case. The defendant, Benner, was a police detective who knowingly provided false and misleading information in a probable cause affidavit that was used to obtain an arrest warrant against Rainsberger. (The charges were later dropped and Rainsberger was released.) The court found the defendant’s lies and omissions violated “clearly established law” and thus Benner was not shielded by qualified immunity.^[52]

The case United States v. Watson, 900 F.3d 892 (7th Cir. 2018) involved police responding to an anonymous tip that people were “playing with guns” in a parking lot. The police arrived and searched the defendant’s vehicle, taking possession of two firearms; the defendant was later charged with being a felon in possession of a firearm. The district court denied the defendant’s motion to suppress. On appeal, the Seventh Circuit, in a decision by Barrett, vacated and remanded, determining that the police lacked probable cause to search the vehicle based solely upon the tip, when no crime was alleged. Barrett distinguished Navarette v. California and wrote, “the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson’s case presents a close call. But this one falls on the wrong side of the Fourth Amendment.”^[53]

In a 2013 Texas Law Review article, Barrett included as one of only seven Supreme Court “superprecedents“, Mapp vs Ohio (1961); the seminal case where the court found through the doctrine of selective incorporation that the 4th Amendment’s protections against unreasonable searches and seizures was binding on state and local authorities in the same way it historically applied to the federal government.

Civil procedure and standing

In Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019), the plaintiff brought a class-action lawsuit against Madison Avenue, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA) when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify that she was required to respond in writing to trigger the FDCPA protections. Casillas did not allege that she had tried to verify her debt and trigger the statutory protections under the FDCPA, or that the amount owed was in any doubt. In a decision written by Barrett, the panel, citing the Supreme Court’s decision in Spokeo, Inc. v. Robins, found that the plaintiff’s allegation of receiving incorrect or incomplete information was a “bare procedural violation” that was insufficiently concrete to satisfy the Article III‘s injury-in-fact requirement. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.^[54][55][56]

Judicial philosophy and political views

Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.^[10] Reuters described Barrett as a “a favorite among religious conservatives,” and said that she has supported expansive gun rights and voted in favor of one of the Trump administration’s anti-immigration policies.^[57]

Barrett was one of Justice Antonin Scalia‘s law clerks. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.^[58]

In 2013, Barrett wrote a Texas Law Review article on the doctrine of stare decisis wherein she listed seven cases that should be considered “superprecedents”—cases that the court would never consider overturning. The list included Brown v. Board of Education but specifically excluded Roe v. Wade. In explaining why it was not included, Barrett referenced scholarship agreeing that in order to qualify as “superprecedent” a decision must enjoy widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge. She argued the people must trust the validity of a ruling to such an extent the matter has been taken “off of the court’s agenda,” with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey as specific evidence Roe had not yet attained this status.^[59] The article did not include any pro-Second Amendment or pro-LGBT cases as “Super-Precedent”.^[30][31] When asked during her confirmation hearings why she did not include any pro-LGBT cases as “superprecedent”, Barrett explained that the list contained in the article was collected from other scholars and not a product of her own independent analysis on the subject.^[32][33]

Barrett has never ruled directly on a case pertaining to abortion rights, but she did vote to rehear a successful challenge to Indiana’s parental notification law in 2019. In 2018, Barrett voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law and in July 2020 it ordered a rehearing in the parental notification case.^[57] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine‘s paraphrase—as “creating through judicial fiat a framework of abortion on demand.”^[60][61] She also remarked that it was “very unlikely” the court would overturn the core of Roe v. Wade: “The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”^[62][63] NPR said that those statements were made before the election of Donald Trump and the changing composition of the Supreme Court to the right subsequent to his election, which could make Barrett’s vote pivotal in overturning Roe v. Wade.^[64]

Barrett was critical of Chief Justice John Roberts’opinion in the 5–4 decision that upheld the constitutionality of the central provision in the Affordable Care Act (Obamacare) in NFIB vs. Sebelius. Roberts’s opinion defended the constitutionality of the individual mandate of the Affordable Care Act by characterizing it as a “tax.” Barrett disapproved of this approach, saying Roberts pushed the ACA “beyond it’s plausible limit to save it.”^{[64][65][66][67]} She criticized the Obama administration for providing employees of religious institutions the option of obtaining birth controlwithout having the religious institutions pay for it.^[65]

Potential Supreme Court nomination

Barrett has been on President Trump’s list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy‘s retirement announcement, she was reportedly one of three finalists Trump considered, along with Judge Raymond Kethledge and Judge Brett Kavanaugh.^[16][68] Trump chose Kavanaugh.^[69]Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.^[70] In the Republican Party, Barrett was favored by social conservatives.^[70]

After Kavanaugh’s selection, Barrett was viewed as a possible Trump nominee for a future Supreme Court vacancy.^[71] Trump was reportedly “saving” Ruth Bader Ginsburg‘s seat for Barrett if Ginsburg retired or died during his presidency.^[72] Ginsburg died on September 18, 2020, and Barrett has been widely mentioned as the front-runner to succeed her.^{[73][74][75][76]}

Personal life

Judge Barrett with her husband, Jesse

Since 1999, Barrett has been married to fellow Notre Dame Law graduate Jesse M. Barrett, a partner at SouthBank Legal in South Bend, Indiana. Previously, Jesse Barrett worked as an Assistant U.S. Attorneyfor the Northern District of Indiana for 13 years.^[77][78][79] They live in South Bend and have seven children, ranging in age from 8-19.^[80] Two of the Barrett children are adopted from Haiti. Their youngest biological child has special needs.^[79][2][81]Barrett is a practicing Catholic.^[82][83]

In September 2017, The New York Times reported that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.^[84][85] Founded in South Bend, the group is associated with the Catholic Charismatic Renewalmovement; it is ecumenical and not formally affiliated with the Catholic Church, but about 90% of its members are Catholic.^[85][86]

Affiliations and recognition

From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.^[15]

Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.^[25][10][11] She is a member of the American Law Institute.^[87]

Selected publications

• Barrett, Amy Coney (2017). “Originalism and Stare Decisis”. Notre Dame Law Review. 92: 1921–1944.
• Barrett, Amy Coney; Nagle, John Copeland (2016). “Congressional Originalism”. University of Pennsylvania Journal of Constitutional Law. 19: 1–44.
• Barrett, Amy Coney (2017). “Countering the Majoritarian Difficulty [review]”. Constitutional Commentary. 32: 61–84.
• Barrett, Amy Coney (2014). “Suspension and Delegation”. Cornell Law Review. 99: 251–326.
• Barrett, Amy Coney (2013). “Precedent and Jurisprudential Disagreement” (PDF). Texas Law Review. 91: 1711–1737.
• Barrett, Amy Coney (2010). “Substantive Canons and Faithful Agency” (PDF). B.U. L. Rev.: 109–182.
• Barrett, Amy Coney (2008). “Introduction [Symposium: Stare Decisis and Nonjudicial Actors]”. Notre Dame Law Review. 83: 1147–1172.
• Barrett, Amy Coney (2008). “Procedural Common Law” (PDF). Virginia Law Review. 94: 813–888.
• Barrett, Amy Coney (2006). “The Supervisory Power of the Supreme Court”. Columbia Law Review. 106: 324–387.
• Barrett, Amy Coney (2005). “Statutory Stare Decisis in the Courts of Appeals”. The George Washington Law Review. 73: 317–352.
• Barrett, Amy Coney (2003). “Stare Decisis and Due Process”. U. Colo. L. Rev. 74: 1011–1074.
• Barrett, Amy Coney; Garvey, John H. (1998). “Catholic Judges in Capital Cases”. Marquette Law Review. 81: 303.

See also

References

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​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned her bachelor’s degree from Rhodes College in 1994 and her J.D. from Notre Dame Law School in 1997. Following law school, Barrett clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. She also practiced law with Washington, D.C. law firm Miller, Cassidy, Larroca & Lewin.

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I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis Schaeffer, Prolife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part H “Are humans special?” includes film ABORTION OF THE HUMAN RACE) Reagan: ” To diminish the value of one category of human life is to diminish us all”

April 10, 2013 – 6:43 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis Schaeffer, Prolife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part G “How do moral nonabsolutists come up with what is right?” includes the film “ABORTION OF THE HUMAN RACE”)

April 9, 2013 – 6:36 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis Schaeffer, Prolife | Edit | Comments (3)

Taking on Ark Times Bloggers on various issues Part E “Moral absolutes and abortion” Francis Schaeffer Quotes part 5(includes the film SLAUGHTER OF THE INNOCENTS) (editorial cartoon)

April 7, 2013 – 6:25 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis Schaeffer, Prolife | Edit | Comments (2)

“Sanctity of Life Saturday” Abortion supporters lying in order to further their clause? Window to the Womb (includes video ABORTION OF THE HUMAN RACE)

April 6, 2013 – 12:01 am

It is truly sad to me that liberals will lie in order to attack good Christian people like state senator Jason Rapert of Conway, Arkansas because he headed a group of pro-life senators that got a pro-life bill through the Arkansas State Senate the last week of January in 2013. I have gone back and […]By Everette Hatcher III | Posted in Arkansas Times, Francis Schaeffer, Max Brantley, Prolife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part D “If you can’t afford a child can you abort?”Francis Schaeffer Quotes part 4 includes the film ABORTION OF THE HUMAN RACE) (editorial cartoon)

April 5, 2013 – 6:30 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis Schaeffer, Prolife | Edit | Comments (0)

—

I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run there in 1978. Also during the late 1970’s I helped my friends Byron Tyler and David Rogers in a Christian Rock Saturday morning show on Rhodes’s radio station!!! My brother-in-law graduated from Rhodes but I graduated from University of Memphis in 1982.

Possible Supreme Court nomination splits Rhodes College community

By Sam Stockard, Daily MemphianUpdated: September 25, 2020 11:03 AM CT | Published: September 24, 2020 5:51 PM CT

The potential appointment of Rhodes College graduate Amy Coney Barrett to the Supreme Court is creating division within the college community, according to a letter from the school’s president. (Daily Memphian file)

The potential appointment of Rhodes College graduate Amy Coney Barrett to the Supreme Court just before the Nov. 3 presidential election is creating division within the college community, according to a letter from the school’s president.

Rhodes College President Marjorie Hass sent a letter to those connected with the college this week discussing the “diversity of views” in letters she has received recently about the looming nomination, which President Donald Trump is expected to make this weekend.

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Lee backs immediate appointment of Supreme Court justice in election year

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“The intensely politicized nature of this moment and this nomination, and the very high stakes, mean that the letters are passionately felt and widely divergent in perspective,” Hass wrote.

“As I read them, I am deeply aware of the ways a Rhodes education shapes our students. No matter the political alignment of the writer, the letters I am receiving are almost all thoughtful, articulate, and grounded in values beyond mere political advantage. They speak of the strength of a Rhodes education, concern about how Rhodes should respond, and both hope and fear for our country and its future.”

Marjorie Hass

Hass said Barrett’s position at the top of the list of potential candidates for the high court “is remarkable” and noted it is “in keeping with a long history of Rhodes connections to the highest court in the land.”

Abe Fortas, a 1930 graduate of Southwestern, served on the U.S. Supreme Court, and Rhodes graduates have clerked for justices and become federal judges, Hass pointed out. In addition, Rhodes played host to Justice Stephen Breyer and the late Justice Antonin Scalia. Its mock trial team is among the nation’s best as well, she said.

Barrett, a judge on 7th Circuit Court of Appeals, plays a role in that “tradition of excellence,” Hass wrote, moving on to a “career of distinction and achievement” after graduating from Rhodes, where she was elected to the Honor Council and Student Hall of Fame, the president wrote.<img alt=”Judge Amy Coney Barrett, seen here on Aug. 24, 2018, is at the top of the list for potential Supreme Court nominations. (Rachel Malehorn, rachelmalehorn.smugmug.com, via AP)” src=”https://thememphian.blob.core.windows.net/sized/38486_440″&gt;

Judge Amy Coney Barrett, seen here on Aug. 24, 2018, is at the top of the list for potential Supreme Court nominations. (Rachel Malehorn, rachelmalehorn.smugmug.com, via AP)

In an address following Justice Ruth Bader Ginsburg’s death last Friday, Sept. 18, 2020, Hass spoke at Judge D’Army Bailey Courthouse during a memorial for Ginsburg about the impact the late justice had on her as a champion of women’s rights and equality.

A college spokesman declined to comment when asked whether the Rhodes community is split over President Trump’s decision to appoint a replacement for the late Justice Ruth Bader Ginsburg before the Nov. 3 election or whether the college community is divided over Barrett’s views.

Hass did not address Barrett’s views in her speech, but some fear the Supreme Court frontrunner could undermine the nation’s abortion rights. A devout Catholic, Barrett opposes abortion, a stance that came up before the Senate three years ago during her confirmation hearing for the Court of Appeals post.

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Trump’s promise to replace Ginsburg sets off battle as election nears

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Questions are also being raised about Barrett’s membership in the ecumenical group People of Praise, a charismatic congregation that touts faith healing and speaking in tongues and reportedly makes men in the home authority figures over women and children.

The group at one time called its women “handmaids,” raising comparisons to the book, “A Handmaid’s Tale” by Canadian author Margaret Atwood, whose story details a government takeover by a conservative quasi-Christian group that takes away women’s rights with a strict society structure headed by men.

People of Praise contends it supports equality of men and women in their relationships.

The group said it referred to some women leaders as “handmaids” because Jesus’ mother, Mary, called herself “the handmaid of the Lord.” It stopped the practice because of concerns about connections to Atwood’s book and the popular TV series.

People of Praise responded to questions on its website, saying a “covenant” that members make is a “promise of love and service” to each other, not an oath or vow. The group is made up of Catholics, Lutherans, Anglicans, Methodists, Pentecostals and nondenominational Christians.

Members of People of Praise each have a “qualified community member” called a “head” who can give them spiritual advice and encouragement.

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Rhodes College grad a likely frontrunner for U.S. Supreme Court

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“People of Praise are always free to follow their consciences, as formed by the light of reason, experience and the teachings of their church. Each person is responsible for his or her own decisions,” the group says.

During her confirmation hearing before the Senate Judiciary Committee in 2017, Barrett said her religious views would have no impact on her ability to serve as a judge, according to reports.

Sen. Marsha Blackburn, R-Tenn., criticized efforts to challenge Barrett and Judge Barbara Lagoa, both Catholics, because of their religious affiliations. Blackburn’s office did not answer questions specifically about Barrett’s ties to the People of Praise or concerns that her beliefs could affect women’s rights.

On Fox News this week, though, Blackburn said Democrats are going to try to “disqualify” Barrett and Lagoa, saying, “Their standard would be, if you’re an atheist or a secularist, then you can be a judge.”

Blackburn contended the American public is “thrilled” with the prospect that a woman will be appointed to fill the vacancy left by Ginsburg.

—

Amy Coney Barrett (born January 28, 1972)^[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.^[3] Barrett’s scholarship focuses on originalism.

Amy Coney Barrett
Barrett in 2018
Judge of the United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office  November 2, 2017
Appointed by	Donald Trump
Preceded by	John Daniel Tinder
Personal details
Born	January 28, 1972(age 48) New Orleans, Louisiana, U.S.
Spouse(s)	Jesse Barrett
Education	Rhodes College (BA) University of Notre Dame(JD)
Academic background
Academic work
Discipline	Jurisprudence
Institutions	Notre Dame Law School
Website	Notre Dame Law Biography

Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017 and confirmed by the Senate on October 31, 2017. While serving on the federal bench, she was a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.^[4][2][5][6] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to President Trump’s list of potential Supreme Court nominees.^[7]Trump reportedly intends to nominate her to succeed Ruth Bader Ginsburg on the United States Supreme Court.^[8]

Early life and education

Barrett was born in New Orleans, Louisiana, in 1972.^[2] She is the eldest of seven children, with five sisters and a brother. Her father Michael Coney worked as an attorney for Shell Oil Company, and her mother Linda was a homemaker. Barrett grew up in Metairie, a suburb of New Orleans, and graduated from St. Mary’s Dominican High School in 1990.^[9]

Barrett studied English literature at Rhodes College, graduating in 1994 with a Bachelor of Arts magna cum laude and Phi Beta Kappa membership.^[10] She then studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review^[11] and graduated first in her class in 1997 with a Juris Doctor summa cum laude.^[12]

Career

Clerkships and private practice

After law school Barrett spent two years as a judicial law clerk, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998,^[13] then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.^[13]

From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.^[11][14]

Teaching and scholarship

Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School in 2002.^[15]At Notre Dame she taught federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.^[16] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.^[12] Her academic work has been published in journals such as the Columbia, Cornell, Virginia, Notre Dame, and TexasLaw Reviews.^[15] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014), Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013), The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006), and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).

At Notre Dame, Barrett received the “Distinguished Professor of the Year” award three times.^[15] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.^[15] Barrett has continued to teach seminars as a sitting judge.^[17]

Federal judicial service

Nomination and confirmation

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.^[18][19]Judge Laurence Silberman, for whom Barrett first clerked after law school, swearing her in at her investiture as a judge on the Seventh Circuit.

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.^[20] During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. The article concluded that the trial judge should recuse herself instead of entering the order. Asked to “elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today,” Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, “My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge”^[21][22] and “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”^[23] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”^[24][25][26] The hearing made Barrett popular with religious conservatives,^[11] and in response, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo and Feinstein’s “dogma” remark.^[27]Feinstein’s and other senators’ questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as improper inquiry into a nominee’s religious belief that employed an unconstitutional “religious test” for office;^[23][28][29]others, such as Nan Aron, defended Feinstein’s line of questioning.^[29]

Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett’s nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters.^[30][31] During her Senate confirmation hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. Hodges, United States v. Windsor, and Lawrence v. Texas. Barrett said these cases are “binding precedents” that she intended to “faithfully follow if confirmed” to the appeals court, as required by law.^[30] The letter co-signed by Lambda Legal said “Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, ‘put Catholic judges in a bind.'”^[30] Carrie Severino of the Judicial Crisis Network later said that warnings from LGBT advocacy groups about shortlisted nominees to replace Justice Anthony Kennedy, including Barrett, were “very much overblown” and called them “mostly scare tactics.”^[30]

In 2015, Barrett signed a letter in support of the Ordinary Synod of Bishops on the Family that endorsed the Catholic Church’s teachings on human sexuality and its definition of marriage as between one man and one woman. When asked about the letter, she testified that the Church’s definition of marriage is legally irrelevant.^[32][33]

Barrett’s nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting Barrett’s nomination.^[34][35]

On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.^[36][37] On October 30, the Senate invoked cloture by a vote of 54–42.^[38] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe Donnelly, Tim Kaine, and Joe Manchin—voting for her.^[10] She received her commission two days later.^[2] Barrett is the first and to date only woman to occupy an Indiana seat on the Seventh Circuit.^[39]

Notable cases

Title IX

In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy.^[40] Doe alleged the school’s Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights “by imposing a punishment infected by sex bias,” and remanded to the District Court for further proceedings.^[41][42][43]

Title VII

In EEOC v. AutoZone, the Seventh Circuit considered the federal government’s appeal from a ruling in a suit brought by the Equal Employment Opportunity Commission against AutoZone; the EEOC argued that the retailer’s assignment of employees to different stores based on race (e.g., “sending African American employees to stores in heavily African American neighborhoods”) violated Title VII of the Civil Rights Act. The panel, which did not include Barrett, ruled in favor of AutoZone. An unsuccessful petition for rehearing en banc was filed. Three judges—Chief Judge Diane Wood and Judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the panel decision as upholding a “separate-but-equal arrangement”; Barrett and four other judges voted to deny rehearing.^[11]

Immigration

In Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020), Barrett wrote a 40-page dissent from the majority’s decision to uphold a preliminary injunction on the Trump administration’s controversial “public charge rule“, which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.^[44][45][46] The public charge issue is the subject of a circuit split.^[44][46][47]

In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer’s decision to twice deny Ahmad’s visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife’s visa application violated his constitutional right to live in the United States with his spouse.^[48] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. She declined to address whether Yafai had been denied a constitutional right (or whether a constitutional right to live in the United States with his spouse existed) because even if a constitutional right was implicated, the court lacked authority to disturb the consular officer’s decision to deny Ahmad’s visa application because that decision was facially legitimate and bona fide. Following the panel’s decision, Yafai filed a petition for rehearing en banc; the petition was denied, with eight judges voting against rehearing and three in favor, Wood, Rovner and Hamilton. Barrett and Judge Joel Flaumconcurred in the denial of rehearing.^[48][49]

Second Amendment

In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented when the court upheld a law prohibiting convicted nonviolent felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as “substantially related to an important government interest in preventing gun violence.” In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.^[50][51]

Fourth Amendment

In Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019), the panel, in an opinion by Barrett, affirmed the district court’s ruling denying the defendant’s motion for summary judgment and qualified immunity in a 42 U.S.C. § 1983 case. The defendant, Benner, was a police detective who knowingly provided false and misleading information in a probable cause affidavit that was used to obtain an arrest warrant against Rainsberger. (The charges were later dropped and Rainsberger was released.) The court found the defendant’s lies and omissions violated “clearly established law” and thus Benner was not shielded by qualified immunity.^[52]

The case United States v. Watson, 900 F.3d 892 (7th Cir. 2018) involved police responding to an anonymous tip that people were “playing with guns” in a parking lot. The police arrived and searched the defendant’s vehicle, taking possession of two firearms; the defendant was later charged with being a felon in possession of a firearm. The district court denied the defendant’s motion to suppress. On appeal, the Seventh Circuit, in a decision by Barrett, vacated and remanded, determining that the police lacked probable cause to search the vehicle based solely upon the tip, when no crime was alleged. Barrett distinguished Navarette v. California and wrote, “the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson’s case presents a close call. But this one falls on the wrong side of the Fourth Amendment.”^[53]

In a 2013 Texas Law Review article, Barrett included as one of only seven Supreme Court “superprecedents“, Mapp vs Ohio (1961); the seminal case where the court found through the doctrine of selective incorporation that the 4th Amendment’s protections against unreasonable searches and seizures was binding on state and local authorities in the same way it historically applied to the federal government.

Civil procedure and standing

In Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019), the plaintiff brought a class-action lawsuit against Madison Avenue, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA) when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify that she was required to respond in writing to trigger the FDCPA protections. Casillas did not allege that she had tried to verify her debt and trigger the statutory protections under the FDCPA, or that the amount owed was in any doubt. In a decision written by Barrett, the panel, citing the Supreme Court’s decision in Spokeo, Inc. v. Robins, found that the plaintiff’s allegation of receiving incorrect or incomplete information was a “bare procedural violation” that was insufficiently concrete to satisfy the Article III‘s injury-in-fact requirement. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.^[54][55][56]

Judicial philosophy and political views

Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.^[10] Reuters described Barrett as a “a favorite among religious conservatives,” and said that she has supported expansive gun rights and voted in favor of one of the Trump administration’s anti-immigration policies.^[57]

Barrett was one of Justice Antonin Scalia‘s law clerks. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.^[58]

In 2013, Barrett wrote a Texas Law Review article on the doctrine of stare decisis wherein she listed seven cases that should be considered “superprecedents”—cases that the court would never consider overturning. The list included Brown v. Board of Education but specifically excluded Roe v. Wade. In explaining why it was not included, Barrett referenced scholarship agreeing that in order to qualify as “superprecedent” a decision must enjoy widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge. She argued the people must trust the validity of a ruling to such an extent the matter has been taken “off of the court’s agenda,” with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey as specific evidence Roe had not yet attained this status.^[59] The article did not include any pro-Second Amendment or pro-LGBT cases as “Super-Precedent”.^[30][31] When asked during her confirmation hearings why she did not include any pro-LGBT cases as “superprecedent”, Barrett explained that the list contained in the article was collected from other scholars and not a product of her own independent analysis on the subject.^[32][33]

Barrett has never ruled directly on a case pertaining to abortion rights, but she did vote to rehear a successful challenge to Indiana’s parental notification law in 2019. In 2018, Barrett voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law and in July 2020 it ordered a rehearing in the parental notification case.^[57] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine‘s paraphrase—as “creating through judicial fiat a framework of abortion on demand.”^[60][61] She also remarked that it was “very unlikely” the court would overturn the core of Roe v. Wade: “The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”^[62][63] NPR said that those statements were made before the election of Donald Trump and the changing composition of the Supreme Court to the right subsequent to his election, which could make Barrett’s vote pivotal in overturning Roe v. Wade.^[64]

Barrett was critical of Chief Justice John Roberts’opinion in the 5–4 decision that upheld the constitutionality of the central provision in the Affordable Care Act (Obamacare) in NFIB vs. Sebelius. Roberts’s opinion defended the constitutionality of the individual mandate of the Affordable Care Act by characterizing it as a “tax.” Barrett disapproved of this approach, saying Roberts pushed the ACA “beyond it’s plausible limit to save it.”^{[64][65][66][67]} She criticized the Obama administration for providing employees of religious institutions the option of obtaining birth controlwithout having the religious institutions pay for it.^[65]

Potential Supreme Court nomination

Barrett has been on President Trump’s list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy‘s retirement announcement, she was reportedly one of three finalists Trump considered, along with Judge Raymond Kethledge and Judge Brett Kavanaugh.^[16][68] Trump chose Kavanaugh.^[69]Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.^[70] In the Republican Party, Barrett was favored by social conservatives.^[70]

After Kavanaugh’s selection, Barrett was viewed as a possible Trump nominee for a future Supreme Court vacancy.^[71] Trump was reportedly “saving” Ruth Bader Ginsburg‘s seat for Barrett if Ginsburg retired or died during his presidency.^[72] Ginsburg died on September 18, 2020, and Barrett has been widely mentioned as the front-runner to succeed her.^{[73][74][75][76]}

Personal life

Judge Barrett with her husband, Jesse

Since 1999, Barrett has been married to fellow Notre Dame Law graduate Jesse M. Barrett, a partner at SouthBank Legal in South Bend, Indiana. Previously, Jesse Barrett worked as an Assistant U.S. Attorneyfor the Northern District of Indiana for 13 years.^[77][78][79] They live in South Bend and have seven children, ranging in age from 8-19.^[80] Two of the Barrett children are adopted from Haiti. Their youngest biological child has special needs.^[79][2][81]Barrett is a practicing Catholic.^[82][83]

In September 2017, The New York Times reported that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.^[84][85] Founded in South Bend, the group is associated with the Catholic Charismatic Renewalmovement; it is ecumenical and not formally affiliated with the Catholic Church, but about 90% of its members are Catholic.^[85][86]

Affiliations and recognition

From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.^[15]

Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.^[25][10][11] She is a member of the American Law Institute.^[87]

Selected publications

• Barrett, Amy Coney (2017). “Originalism and Stare Decisis”. Notre Dame Law Review. 92: 1921–1944.
• Barrett, Amy Coney; Nagle, John Copeland (2016). “Congressional Originalism”. University of Pennsylvania Journal of Constitutional Law. 19: 1–44.
• Barrett, Amy Coney (2017). “Countering the Majoritarian Difficulty [review]”. Constitutional Commentary. 32: 61–84.
• Barrett, Amy Coney (2014). “Suspension and Delegation”. Cornell Law Review. 99: 251–326.
• Barrett, Amy Coney (2013). “Precedent and Jurisprudential Disagreement” (PDF). Texas Law Review. 91: 1711–1737.
• Barrett, Amy Coney (2010). “Substantive Canons and Faithful Agency” (PDF). B.U. L. Rev.: 109–182.
• Barrett, Amy Coney (2008). “Introduction [Symposium: Stare Decisis and Nonjudicial Actors]”. Notre Dame Law Review. 83: 1147–1172.
• Barrett, Amy Coney (2008). “Procedural Common Law” (PDF). Virginia Law Review. 94: 813–888.
• Barrett, Amy Coney (2006). “The Supervisory Power of the Supreme Court”. Columbia Law Review. 106: 324–387.
• Barrett, Amy Coney (2005). “Statutory Stare Decisis in the Courts of Appeals”. The George Washington Law Review. 73: 317–352.
• Barrett, Amy Coney (2003). “Stare Decisis and Due Process”. U. Colo. L. Rev. 74: 1011–1074.
• Barrett, Amy Coney; Garvey, John H. (1998). “Catholic Judges in Capital Cases”. Marquette Law Review. 81: 303.

See also

References

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​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned her bachelor’s degree from Rhodes College in 1994 and her J.D. from Notre Dame Law School in 1997. Following law school, Barrett clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. She also practiced law with Washington, D.C. law firm Miller, Cassidy, Larroca & Lewin.

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